Malaysia's Abortion Law And Policies

8

A taboo topic

Abortion is a taboo topic and people seldom broach this weighty subject. It is spoken about in hush-hush tones and never discussed in detail.

What is abortion? It is the deliberate termination of a human pregnancy.

So,
if abortion is an intentional act of ending another
individual human being's life, isn't it wrong to do so?

But what if the pregnancy was a result of rape or incest?

In
this first part of Malaysia's abortion laws article, we will look into the
abortion policy and its legal status under the Penal Code.

The Malaysian Penal Code

Sections 312 to 316 of the Penal Code deal with matters concerning miscarriages and injuries to unborn children.

Section
312: Those who cause a woman with a child to miscarry
can be sentenced up to three years imprisonment or fined, or both, if convicted. If the woman is quick with child (defined as around the fourth month of pregnancy), the accused can be sentenced up to
seven years imprisonment, and fine.

Section 313: Those who cause a woman with a child to miscarry without her consent can serve up to 20 years in jail and is also liable to fine.

Exceptions under Penal Code

However,
there is an exception to the grounds of abortion under section 312. Termination of pregnancy can be carried out if:

it involves a risk to the
life of the pregnant woman, or

injury to the mental or physical health
of the pregnant woman.

it is carried out by a registered medical practitioner

Abortion policy

With
reference to the Penal Code, abortion is only permitted if it is meant
to the save the life of the woman and to preserve her physical and
mental health.

Termination of
pregnancy is still prohibited even:

if it was a result of rape or incest,

in cases of foetal impairment

for other economic or social reasons.

In
the second part of Malaysia's abortion laws article, we will take a look at a
high-profile abortion case in the country where a Nepali woman, Nirmala
Thapa, became the first woman in Malaysia to be sent to jail for
termination of pregnancy.

This article is for informational purposes only and should not be taken as legal advice. Every situation is unique and dependent on the facts (ie, the circumstances surrounding your individual case) so we recommend that you consult a lawyer before considering any further action. All articles have been scrutinized by a practicing lawyer to ensure accuracy.